header-logo header-logo

28 June 2007 / Elizabeth Hicks , Sital Amin
Issue: 7279 / Categories: Features , Family
printer mail-detail

Shared intentions

Has Stack v Dowden helped cohabiting couples whose relationships have broken down? Elizabeth Hicks and Sital Amin report

In 2001 there were 10 million married couples in England and Wales and over two million cohabiting couples. The law on resolving disputes between married couples is set out in the Matrimonial Causes Act 1973. The law on resolving property disputes between cohabiting couples arises from a detailed examination of complex trust principles and on resolving issues relating to personal property from contract law and principles of tort.

Although the Law Commission published a consultation paper, Cohabitation: The Financial Consequences of Relationship Breakdown, in May 2006 and the conclusions and final report are expected later this summer, it will not contain a draft Bill and—due to the apparent lack of funding on this issue—it is highly unlikely that there will be any changes in the law relating to cohabiting couples in the foreseeable future.
Many practitioners hoped that the House of Lords would take the opportunity to give much needed guidance in the quantification of a party’s interest in a property, where there is no express

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll